(1) Emissions data. Emissions data submitted to ecology is public information and is not confidential.

(2) ERU data. Data about an ERU is considered public information unless ecology approves a request under subsection (3) of this section.

(3) Confidentiality requests. A covered party may request proprietary information that is not emissions data be kept confidential. The request must show how the data:

(a) Meets the requirements of RCW 70.94.205 (Confidentiality of records and information); or

(b) Is exempt from public disclosure under the Washington Public Records Act (chapter 42.56 RCW).

(4) Verification status. Ecology's determination of the verification status of each report is public information. All confidential data used in the verification process will remain confidential.